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06-132 t Resolution No. 06-132 RESOLUTION AUTHORIZING EXECUTION OF A FOURTH AMENDMENT AGREEMENT WITH HITCHCOCK DESIGN GROUP (Festival Park-Construction Services) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin,City Manager, and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to execute a fourth amendment agreement on behalf of the City of Elgin with Hitchcock Design Group for Festival Park Construction Services,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock,Mayor Presented: June 14, 2006 Adopted: June 14, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk r FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FOURTH AMENDMENT AGREEMENT made and entered into this IW�,day of 2006, by and between the CITY OF ELGIN, ILLINOIS, a municipal c rp oration (hereinafter referred to as the "City'), and Hitchcock Design Group, an Illinois corporation, (hereinafter referred to as the"Consultant"). WITNESSETH WHEREAS, the City and the Consultant have previously entered into a Professional Services Agreement dated June 15, 2001, wherein Consultant provided to the City certain consulting services regarding the planning, design and engineering services for Festival Park; and WHEREAS, the City and Consultant have previously entered into an amendment to such professional services agreement, with such Amendment Agreement being dated May 28, 2002; and WHEREAS, the City and Consultant previously cond entered mendment Agreement eing to such professional services agreement, with such dated October 18, 2004; and WHEREAS, the City and Consultant previously entered into a third amendment to such professional services agreement, with such Third Amendment Agreement being dated May 25, 2005; and WHEREAS, the City has determined it to be necessary and desirable to obtain the further assistance of the Consultant to provide continued consulting services regarding the construction phase services related to the construction of Festival Park. NOW, THEREFORE, for and inconsideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Professional Services Agreement between the City and the Consultant dated June 15, 2001, as amended by the Amendment Agree amended dated follows, 2002 , October 18, 2004 and May 25, 2005 are hereby further A. Paragraph 1 entitled "Scope of Work" is further amended by adding an additional paragraph thereto to read as follows: "Consultant shall also perform and direct the necessary qualified personnel to perform the professional services as set forth in the Scope of Services documents entitled "Festival Park, Part B Additional Phase 11 Services &Phase III Construction Services" consisting of 12 pages, attached hereto and made a part hereof as Exhibit 1-D. B. Paragraph 2 entitled "Schedule and Term" is further amended by adding an additional paragraph thereto to read as follows: The Consultant's responsibility to provide the services in Exhibit 1-D shall commence as of May 24, 2006 and shall continue through the completion of the project. C. Paragraph 3 entitled "Fees" is amended by adding subparagraph F thereto to read as follows: "F. Payments for services provided by the Consultant set forth in Exhibit 1-D hereof shall be reimbursed rate 2 attached professional and technical personnel as set forth on Exhibit hereto and made a part hereof by this reference with the total fees and expenses due to be paid to the Consultant for the services described in Exhibit 1-D not to exceed $292,118 regardless of actual time expended or actual costs incurred by the Consultant unless material modifications to the Consultant's Scope of Services are authorized in writing by the City and approved by the City Council." 2. That except as expressly amended herein the terms of the Professional Services Agreement darted June 15, 2001 as amended by the Amendment Agreement dated May 28, 2002, October 18, 2004 and May 25, 2005 between the City and the Consultant, shall remain in effect and shall apply his p to Amendment services to be and as performed by the Consultant as described i set forth in Exhibit 1-D hereto. 3. The changes provided for in this Fourth Amendment Agreement to the original agreement are germane to the original agreement as signed and this amendment agreement is in the best interests of the City of Elgin and authorized by law. IN WITNESS WHEREOF, the parties hereto have entered into and executed this amendment agreement on the date and year first written above. CITY OF ELGIN Hitchcock Design Group By: BY: Olufemi Fo °in ck Hitchcock City Manage Principal Attest: City Clerk Hitchcock Design Group Crc iiting Better Places* May 4,2006 Mr.David Lawry General Services Manager City of Elgin 150 Dexter Court Elgin,IL 60120 RE: Elgin Riverfront-Festival Park,Part B Additional Phase II Services&Phase III Construction Services Dear David: Thank you for asking Hitchcock Design.Group to submit this proposal for additional Phase II Design and Engineering Services and for Phase III Construction Services for Festival Park,Part B. We genuinely appreciate the opportunity to advance this exciting riverfront project with you and your colleagues in the City of Elgin. Additional Phase H Services First,we respectfully request that our existing Phase 11 contract be increased by$38,105 from$311,586 to$349,691 due to increased scope of services which were requested by the City and added video park surveillance,a family restroom and increased wattage for the festoon outlets to our original work scope. As you know,these additional services have already been completed and the modifications to previously designed plans were incorporated into the recently bid Contract Documents. Please refer to the attached memorandum for a summary of the actual hours and fees that were accrued for these additional Phase II Services. Phase III Services Next,we respectfully request that our existing contract be expanded to include important Phase III Construction Services. We understand that the City intends to enter into a contract with the low bidder,Schaefges Brothers Inc. (SBI)to construct the prej ect,including all of the alternate bid items. Unlike Part A,which was constructed using the Construction Manager method,Festival Park Part B will be constructed using SBI as a General Contractor. In response,Hitchcock Design Group proposes to provide the pre-constriction,administrative,observation and close- out services that are outlined in greater detail in the attached Phase III Scope of Services. The corresponding fee estimate provides for 30 weeks of daily observation,plus a variety of administrative and close out services. We propose to provide the Phase III Scope of Services on an hourly basis,at our 2005 standard hourly rates,plus customary out-of-pocket expenses not to exceed a total of$254,013. An estimate of the hours,fees and consultant costs is included with this proposal. Under my supervision,Mark Underwood will continue as our project manager. Other members of our Urban Design Team,PHN Architects,Ltd.,Patrick Engineering,and T.J.Emmerich Associates will be called upon,when appropriate,to review work that they designed or engineered. We understand that Jim Bell will be our main contact for the City of Elgin and you,Rich Hoke and Ray Moller may also be involved as necessary. We recommend that the City,in coordination with SBI,contract directly with Terracon or another reputable geotechnical& environmental firm to provide the independent materials and environmental testing as required during construction. 1:\Marketing\07 Existing Clients\500's\0524 Elgin\Festival ParklPart&CMrev May 06\1tr 059406 lawry.doc 221 West Jefferson Avenue Naperville,Illinois 60540 T 630.961.1787 F 630.961.9925 www.hitchcockdesigngroup.com The final construction schedule will be prepared and administered by SBI. However,we have provided a preliminary schedule for fee estimate purposes only. We will coordinate our services with you and the General Contractor in order to help advance the work in a timely fashion. Thanks again for the opportunity to serve your community on this important project. Sincerely, Hitchcock Design Group b* .Richard G.Hitchcock President cc: Ray Moller,City of Elgin Bill Taylor,Patrick Engineering Alan James,PHN Architects Mark Underwood&Jennifer Brestal,Hitchcock Design Group encl: Phase II,Additional Services Fee Summary Phase III Scope of Services Phase III Fee Estimate Hitchcock. Deign Group Cr(:atirig Better Places" Scope of Services Construction Phase Services Following your award of the work to a.Contractor,we will provide these Construction Services until Final Acceptance of the work,or until 60 days after Substantial Completion of the work,whichever occurs first: A. Administration 1. Help you prepare an Owner/Contractor Agreement. 2. Conduct a pre-construction meeting with you and the Contractor to review: a. Contractor mobilization and staging b. Contractor schedules c. Contractor submittals d. responsibilities e. communications f. payment procedures 3. Participate in,and issue written summaries of approximately 30 progress meetings at the site with you and the Contractor to review: a. progress of the work b. Contractor schedules c. Contractor submittals and requests d. Consultant observations and recommendations 4. issue interpretations or cladfications of the Contract documents with reasonable promptness when requested by you or the Contractor. 5. Prepare recommendations for construction change orders,as requested by: a. you because of a change that you wish to make to the scope of the Contractor's work b. the Contractor because of the discovery of job site conditions that were concealed or unknowns when the Owner/Contractor Agreement was executed 6. Prepare approximately 8 recommendations regarding the Contractor's periodic application for payment. B. Observations During construction,we will: 1. Observe the work each day,for approximately 160 days,when the Contractor is at the site to become familiarized with the progress and quality of the Contractor's work and to determine if the work is proceeding in general conformance with the contract documents. 2. Review required testing procedures and data provided by independent testing services. 3. Review shop drawings,product data and material samples which the Contractor is required to submit,but only for the limited purpose of determining their general conformance with the design concept and information contained in the Contract Documents. This review does not include: a. the accuracy or thoroughness of details such as quantities,dimensions,weights or gauges b. the appropriateness of fabrication or installation processes c. coordination of the work with other trades d. safety precautions City of Elgin Page I of 3 April 2I,2006 Festival Park,Part B Revised May 4, C. Contract Close-out 1. Prepare recommendations regarding the Contractor's request for acceptance of substantially completed work. 2. Review required contract close out submittals provided by the Contractor,such as but not limited to: a. operating and maintenance manuals b. as-built record drawings c. labor and material lien waivers d. payment applications 3. Prepare recommendations regarding the Contractor's request for acceptance of finally completed work. General Project Administration We will manage the performance of our own work throughout the term of the contract by providing the following services: A. Communications 1. Schedule,create agendas and summarize the highlights of periodic meetings. 2. Rehearse,attend and present at public forums identified. 3. Collect and disseminate communications from other parties. 4. Periodically inform your representative about our progress. B. Schedules 1. Create,periodically update and distribute the project schedule. 2. Coordinate the activities of our staff and our consultants. C. Staffing 1. Select and assign staff members and/or consultants to appropriate tasks and services. 2. Prepare and administer consultant agreements. D. File Maintenance 1. Establish and maintain appropriate correspondence,financial,drawing and data files. 2. Obtain appropriate insurance certificates from consultants. 3. Maintain appropriate time and expense records. Additional Services We may provide additional services that are not included in the Basic Services,such as,but not limited to: 1. Revisions to previously completed and approved phases of the Basic Services. 2. The services of additional consultants. 3. Meetings with you or presentations to other parties not specified in the Basic Services. 4. Detailed quantity estimates and/or construction cost opinions using data or formats other than our own. 5. Detailed written summaries of our work or our recommendations. 6. Services rendered after the time limitations set forth in this contract. 7. Services required due to the discovery of concealed conditions,actions of others,or other circumstances beyond our control 8. Services required to restart the project if you suspend our work at your convenience for more than 90 days during the performance of our services. 9. Preparation of segregated or multiple contract bid sets or more than one owner/contractor agreement. 10. Services rendered after Final.Acceptance of the Contractor's work or services rendered more than 60 days after Substantial Completion of the Contractor's work. City of Elgin Page 2 of 3 April 21,2006 Festival Park,Part B Re teed May 4 x Authorization If circumstances arise during our performance of the services outlined which we believe require additional services, we will promptly notify you about the nature,extent and probable additional cost of the additional services,and perform only such additional services following your written authorization. City of Elgin Page 3 of 3 April 21,2006 Festival Park,Part B Revised May 4 2006 Hitchcock Design Group `Creating Better Places" Project Schedule Date: May 4,2006 RE: Festival Park,Part B Project#: 03-0524-002-X06-03-08 Description Date CONSTRUCTION PHASE Pre-construction Meeting End of May 2006 Construction Begins Early June 2006 Substantial Completion Late November 2006 Final Completion Late December/Spring 2007 Note: Part B construction is estimated to last approximately 30 weeks. cc: Ray Moller,City of Elgin Dave Lawry,City of Elgin City of Elgin Page I of 1 April 21,2006 '—XC!U vat Park ev�se y 4 20 ID Hitchcock Design Group (-roa ang lu.,iter Professional Fees City of Elgin Festival Park, Part B Phase itl Construction Administration Fee Estimate Hitchcock DcWgn Group Fees F s$DR MOT PLN DES DOC SUP CADM COBS sub-total 150 $105 $100 $95 $65 $60 $100 $85 PRASE III:Construction A.Construction Administration 1 Contract 2 4 6 2 Pre-const.meeting 4 2 6 12 3 Clarifications 4 16 24 12 4 60 4 Change orders 4 16 24 12 4 60 5 Payment application 4 8 24 6 42 Sub-total hours 4 12 0 32 48 12 58 14 1 180 Subtotal fee $ 600 $1,260 S - S3,040 $3120 $ 720 $ 5,8W $ 1190 S 1 700 B Construction Observation 1 Progress meeting 121 12 80 1 80 1 2 Review testing/submittals 41 4 40 48 3 Shop drawings 24 4 80 116 Sub-total hours 0 E24] 0 0 2a 20 TAO 1 0 Sub-total fee $ - $ - s - S 1,560 S 1,--- $20,000 $ 108,800 S 134,100 C.Construction Contract Close-oat 1 Substantial completion 21 2 12 16 32 2 Close out submittals 2 2 8 12 3 Final acceptance 8 2 16 16 42 Sub-total hours 0 12 0 0 0 6 36 32 86 Sub-total fee 5 - $1,260 $ - $ $ - s 360 $ 3,600 $ 2,720 $ 7,900 Phase III Totals: S 157,700 City of Elgin April 21,2006 Festival Park,Pmt B Page 1 of 2 RaysedMay 4,2006 Hitchcock Design Group C:rc;aling Cic�lier l�l.�c c:5" Professional Fees City of Elgin Festival Park, Part B Phase iii Construction Administration Fee Estimate Consultants Expenses PEI I PHN THE Fm 7ons I service I travel markup sub-total bureau 15% PHASE III:Construction A.Construction Administration 1 Contract S Is - S 2 Pre-const.meeting $ 500 $ 500 $ - $ - 1 $ - S - 3 Clarifications $ 500 $ 2,200 $ 800 $ 1,000 $ - $ - 4 Change orders S 2,500 $ 2200 S 500 S 700 $ $ - 5 Payment appheation $ 1,800 $ 1,800 $ 500 S 500 $ - $ - Sub-total hours Sub-total fee IS 7 0 I S 6,7001$ 1804 1 S 2.200 1$ 3501$ 100 1 S 2,768 $ 21,218 R Construction Observation 1 Progress meeting $ 12,500 $ 9 500 S 1,000 $ 2,200 S $ 2 Review testing/submittals S 7,500 S 6,500 S 500 S 1,000 S - $ 3 Shop drawings S 2,500 $ 1500 $ 1,500 $ 2,100 S - $ - Sub-total hours Sub-total fee IS 22,500 $ 17,500 $ 3 000 S 5 S 3 600 S 3,800 $ 8 SS S 1+4,055 C.Construction Contract Close-out _ 1 Substantial completion S 1,500 $ 1,100 S 500 S 500 $ $ - 2 Close out submittals S 500 $ 500 $ 500 $ 500 S $ 3 Final acceptance $ 1,500 $ 1 100 $ 500 S 500 $ - $ - Sub-total hours Sub-total fee S 3,500 $ 2,700 S 1,500 $ 1,500 $ 200 $ 200 S 1,440 S 11,040 Phase III Totals: FS 13 Professional Fees Total: rS 254,013 City of Elgin April 21,2006 Festival Park,Pert B Page 2 of 2 Revised May 4,2006 Hitchcock Design Group Creating 13etrer PlaCeS' Professional Fees City of Elgin Festival Park,Part B Phase III Constriction Administration Summary HDG Consultants Expenses Markup Subtotal PEI PHN THE Ff 15010 Construction Phase Services A.Construction Administration $ 15,700 $ 7,300 S 6,700 $ 1,800 S 2,200 S 450 5 2,768 B.Construction Observation $134,100 S 22,500 S 17,300 $ 3,000 $ 5,300 $ 7,400 5 9,355 C.Construction Cmumt Close-out $ 7,900 $ 3,500 $ 2,700 S 1,500 $ 1,500 $ 400 $ 1,440 TOTAL $157,700 $ 33,300 $ 26,900 S 6,300 $ 9,000 $ 8,250 $ 12,563 $ 254,013 Wy of Elgin April 21,2006 Pes4val Pad,Pert B Page 1 of 1 Revised May 4,2006 r Hitchcock Design Group Creating Better Places' MEMORANDUM Date: April 24,2006 To: Ray Moller,City of Elgin From: Mark Underwood, Hitchcock Design Group(HDG) RE: Festival Park,Part B—Extra Services Project No.: 03-0524-002-X06-01-06 Ray: Thank you again for allowing Hitchcock Design Group to serve your community on this exciting project. We appreciate the relationship we have with you and the City of Elgin and are requesting consideration for additional services that were not part of our contract for Festival Park,Part B. As discussed and as we have dealt with additional services on other projects,we will add any fee increase to our construction administration fees when the project is before City Council for contract award approval. The following outlines the additional services requested and the associated fees: Park Surveillance Design: Patrick Engineering(surveillance): $8,625 Hitchcock Design Group: $800. Park Surveillance Design Fees Total: $9,425 Family Restroom Design: PHN Architects: $10,180 Fountain Technologies: $2,990 Patrick Engineering(civil): $1,725 Hitchcock Design Group: 920 Family Restroom Design Fees Total: $22,815 Electrical Design Modifications: Patrick Engineering(electrical): 151L Park Surveillance Design Fees Total: $5,865 Total: $38,105 J:\Ptojects1500's10524-City of Elgin\002-Elgin Riveriront\x06-Festival Park Part BIG Project Adminlmemo 042106 moller-extras.doc 221 West Jefferson Avenue ■ Naperville,Illinois 60540 - r Phone 630.961.1787 ■ www.hitr-hcockdesigngroup.com N � Due to the shortness of schedule, work for the Surveillance and Restrooms have proceeded. Please review and contact me if you have any questions. Thank you. Professional Fees City of Elgin Festival Park, Part B Additional Services HDG Consultants Markup Subtotal Ni #2 #3 15% Construction Document Phase A. Surveillance Design,Family Restroom Addition,&Festoon Outlets $8,720 S2,600 $8,852 $14,100 $3,833 $38,105 NOTE: Consultant# l-Fountain Technologies Consultant#2-PHN Architects,Ltd Consultant#3-Patrick Engineering Inc. Hitchcock Design Groin A Cre<rtirlb Better Places`~ .. _. May 4,2006 Mr.David Lawry General Services Manager City of Elgin 150 Dexter Court Elgin,IL 60120 RE: Elgin Riverrront-Festival Park,Part B Additional Phase II Services&Phase III Construction Services Dear David: "Thank you for asking Hitchcock Design.Group to submit this proposal for additional Phase II Design and Engineering Services and for Phase III Construction Services for Festival Park,Part B. We genuinely appreciate the opportunity to advance this exciting river&ont project with you and your colleagues in the City of Elgin. Additional Phase II Services First,we respectfully request that our existing Phase I1 contract be increased by$38,105 from$311,586 to$349,691 due to increased scope of services which were requested by the City and added video park surveillance,a family restroom and increased wattage for the festoon outlets to our original work scope. As you know,these additional services have already been completed and the modifications to previously designed plans were incorporated into the recently bid Contract Documents. Please refer to the attached memorandum for a summary of the actual hours and fees that were accrued for these additional Phase II Services. Phase III Services Next,we respectfully request that our existing contract be expanded to include important Phase III Construction Services. We understand that the City intends to enter into a contract with the low bidder,Schaefges Brothers Inc. (SBI)to construct the project,including all of the alternate bid items. Unlike Part A,which was constructed using the Construction Manager method,Festival Park Part B will be constructed using SBI as a General Contractor. In response,Hitchcock Design Group proposes to provide the pre-construction,administrative,observation and close- out services that are outlined in greater detail in the attached Phase III Scope of Services. The corresponding fee estimate provides for 30 weeks of daily observation,plus a variety of administrative and close out services. We propose to provide the Phase III Scope of Services on an hourly basis,at our 2005 standard hourly rates,plus customary out-of-pocket expenses not to exceed a total of$254,013. An estimate of the hours,fees and consultant costs is included with this proposal. Under my supervision,Mark Underwood will continue as our project manager. Other members of our Urban Design Team,PHN Architects,Ltd.,Patrick Engineering,and T.J.Emmerich Associates will be called upon,when appropriate,to review work that they designed or engineered. We understand that Jim Bell will be our main contact for the City of Elgin and you,Rich Hoke and Ray Moller may also be involved as necessary. We recommend that the City,in coordination with SBI,contract directly with Terracon or another reputable geotechnical& environmental firm to provide the independent materials and environmental testing as required during construction. J:\Marketing\07 Existing Clients\500'x\0524 ElginTestival ParkTart B\CPS\mv May 06\11r 050406 lawry.doc 221 West Jefferson Avenue Naperville,Illinois 60540 T 630.961.1787 F 630.961.9925 www.hitcheockdesigngroup.com The final construction schedule will be prepared and administered by SBI. However,we have provided a preliminary schedule for fee estimate purposes only. We will coordinate our services with you and the General Contractor in order to help advance the work in a timely fashion. Thanks agave for the opportunity to serve your community on this important project. Sincerely, Hitchcock Design Group i�A b* Richard G.Hitchcock President cc: Ray Moller,City of Elgin Bill Taylor,Patrick Engineering Alan James,PHN Architects Mark Underwood&Jennifer Brestal,Hitchcock Design Group encl: Phase II,Additional Services Fee Summary Phase III Scope of Services Phase III Fee Estimate 4 t 1 Agenda Item No. City of Elgin May 19, 2006 TO: Mayor and Members of the City Council �i;?r't'3s s.lic'S;u�rte FROM: Olufemi Folarin, City Manager John Loete, Public Works Director SUBJECT: Fourth Amendment to the Professional Service Agreement with Hitchcock Design Group for Festival Park Construction Services PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to consider the approval of the Fourth Amendment to the Professional Service Agreement (PSA) with Hitchcock Design Group for Festival Park construction services and additional Phase II design fee expenses. RECOMMENDATION It is recommended that the City Council approve the Fourth Amendment to the PSA with Hitchcock Design Group (HDG) for Festival Park construction services and additional Phase II design fee expenses in the amount of$292,118. BACKGROUND On June 11, 2001, the City entered into an agreement with HDG for design and engineering services related to Festival Park and the Metra west bank projects. The contract was for a not-to- exceed amount of$598,631. On May 22, 2002, the City Council approved a first amendment to the agreement that authorized HDG to resolve issues related to compensatory storage at Festival Park and off site locations relating to the development of the Par Town Home and Condominium Project located on South Grove Avenue. The amendment was for the amount of$74,700. On October 8, 2003, May 12, 2004, and July 14, 2004, the City Council authorized the award of various construction contracts for the Festival Park Phase I improvements. The construction contracts awarded totaled $2,316,848. On October 27, 2004, the City Council authorized a second amendment ($39,600) to the PSA with HDG for Phase I construction coordination services related to the installation of the shoreline and pathway improvements on the western edge of Festival Park. Construction services including pre-construction, administrative, observation and contract close out for site improvements. On June 8, 2005, the City Council authorized a third amendment to the PSA with HDG in the amount of$311,586. The approved services include the final design of Phase II improvements Hitchcock Design Festival Park Fourth Amendment May 19, 2006 Page 2 for Festival Park, preparation of bidding and construction documents, analysis of bid results and contract award recommendations. With the addition of the third amendment the contract total with HDG for this project is $1,024,517.00. The bid for Phase II construction was awarded at the May 10th Council Meeting to Schaefges Brothers, Inc. in the amount of$4,351,520. With the construction of Phase II about to begin it is important to provide construction phase services for the project. The fourth amendment to the PSA with HDG (attached) provides for those construction phase services for Festival Park including pre-construction and administrative services, daily site observation and work inspection for 160 days and contract close out services. The level of services provided by HDG will insure that payout requests are accurate, improvements constructed are consistent with the project as designed, conflicts between design and actual site construction are resolved promptly and the project is closed out in an orderly and efficient manner. The cost for the fourth amendment for Phase II construction services is $254,013. During the final design process for Phase II of Festival Park, Hitchcock Design Group was requested to develop design alternatives to three elements of the project that had progressed well into the final design. The areas requiring additional design services were; park surveillance, family rest rooms and electrical service. The cost for additional design services is $38,105. The 40'' total requested amount of the fourth amendment for construction management services ($254,013) and the cost of additional design services ($38,105) is $292,118. COMMUNITY GROUPSANTERESTED PERSONS CONTACTED None qO--_VL'NANC1AL IMPACT The proposed contract amendment with Hitchcock Design Group totals $292,118. The current budget for Festival Park is $10,389,875. This includes $4,083,693 added to the budget from the proceeds of the sale of the City-owned property purchased for the Lowe's development. To date, $5,238,359 has been spent and/or encumbered, leaving funding available in the amount of $5,151,516. The construction bid, awarded at the May 10`h Council meeting, to Schaefges Brothers, Inc. totaled $4,351,520. The remaining funds, $799,996, are available to enter into this amendment. The proposed amendment, in the amount of $292,118, would be charged to the Riverboat Fund, account number 275-0000-791.92-35, "Riverfront/Center City Improvements, project number 039520, "Festival Park, Phase II". After approval of this fourth amendment, the revised total contract amount with HDG is $1,316,635. i e Hitchcock Design Festival Park Fourth Amendment May 19,2006 Page 3 LEGAL IMPACT WThe proposed fourth amendment requires an exception to the procurement ordinance. ALTERNATIVES 1. Authorize the proposed contract amendment. 2. Choose not to authorize the proposed contract amendment. Respectfully submitted for Council consideration. JTB Attachments